Rothlein v. Metro Limo Fund, Inc.

539 So. 2d 26, 14 Fla. L. Weekly 623, 1989 Fla. App. LEXIS 1102, 1989 WL 18806

• Court: District Court of Appeal of Florida
• Decided: March 7, 1989
• Docket: No. 88-1750
• Status: Published

Opinion

PER CURIAM.

The plaintiff below appeals from an adverse summary judgment entered on the ground that she did not meet the applicable threshold requirements of section 627.-737(2), Florida Statutes (1985). We find no error in the ruling on the merits, but agree that it was improper to terminate the plaintiff’s claim with prejudice. Section 627.-737(3) unequivocally requires that a dismissal on threshold grounds be entered “without prejudice.” Accord Smith v. United States Fidelity & Guar. Co., 305 So.2d 216 (Fla. 1st DCA 1974).¹ The judgment under review shall be so amended and is otherwise affirmed.

1 . As Smith indicates, this provision of § 627.737(3) applies notwithstanding that the form of the order is a summary judgment, as here, rather than a dismissal.